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Scottish Statutory Instruments

2014 No. 327

Fisheries

River

Salmon And Freshwater Fisheries

The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014

Made

20th November 2014

Laid before the Scottish Parliament

24th November 2014

Coming into force

9th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 38(1), (5)(c) and (6)(c) of, and paragraphs 7(b) and 14(1) of schedule 1 to, the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003(1).

In accordance with paragraphs 10, 11, 12 and 14(1) of schedule 1 to that Act they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of these Regulations and considered representations and objections made.

Citation and commencement

1. These Regulations may be cited as the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014 and come into force on 9th January 2015.

Annual close time, permitted periods of fishing for rod and line fishing and prohibition on the retention of salmon

2.—(1) The dates of the annual close time for each salmon fishery district, or each part of a salmon fishery district, listed in column 1 of the Schedule are those listed in column 2 corresponding to the entry for that district or part of a district.

(2) The periods within the annual close time when it is permitted to fish for and take, or fish for, salmon by rod and line for each salmon fishery district, or part of a salmon fishery district, listed in column 1 are those periods listed in columns 3 and 4 respectively, corresponding to the entry, or part of the entry, in column 1.

(3) No person may retain any salmon caught by rod and line in a salmon fishery district, or part of a salmon fishery district, listed in column 1 during the periods listed in column 4 corresponding to that entry or part of that entry.

(4) The limits of each salmon fishery district, or part of a district, listed in column 1 are to be construed in accordance with the description of the designation listed in the corresponding entry in column 5.

(5) In this regulation—

“retain” means failing to return a fish at once to the river or other water from which it came and with the least possible injury,

and a reference to a numbered column is to the corresponding numbered column in the table in the Schedule.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th November 2014

Regulation 2

SCHEDULE

Column 1

Salmon fishery district

Column 2

Annual close time (all dates inclusive)

Column 3

Period within which it is permitted to fish by rod and line within the annual close time (all dates inclusive)

Column 4

Period within which it is permitted to fish by rod and line where retaining salmon is prohibited (catch and release) (all dates inclusive)

Column 5

Designation

1. Annan

10th September to 31st March

10th September to 15th November

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts(2) and enacted as Schedule A to the 1868 Act.

2. Argyll

27th August to 31st March

27th August to 31st October

11th February to 31st March

The Argyll Salmon Fishery District Designation Order 2005(3), article 2(1) and Schedule.

3. Arnisdale

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

4. Ayr

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

5. Beauly

27th August to 31st March

27th August to 15th October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

6. Bladenoch

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

7. Brora

27th August to 31st March

27th August to 15th October

1st February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

That area described in the Schedule to the 1999 Order but excepting the area of Alness and Alt Graad described in article 4(2)(a) of the 1999 Order.

12. Cree

14th September to 31st March

14th September to 14th October

1st March to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

13. Crowe and Shiel (Loch Duich)

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

14. River Dee (Aberdeenshire)

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

(a)

River Dee

27th August to 31st March

27th August to 15th October

1st February to 31st March

That part of the River Dee (Aberdeenshire) Salmon Fishery District comprising the River Dee and its tributaries.

(b)

River Carron and River Cowie

27th August to 31st March

27th August to 31st October

11th February to 31st March

The parts of the district, being the River Carron and the River Cowie as described in article 2 and the Schedule to the Annual Close Time (River Dee (Aberdeenshire) Salmon Fishery District) Order 1989(6).

15. River Dee (Kirkcudbright)

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

16. Deveron

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

17. Don

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

18. Doon

27th August to 31st March

27th August to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

19. Eachaig (Eckaig)

1st September to 30th April

1st September to 31st October

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

That area formerly the salmon fishery district of Halladale described in article 2(1) and the Schedule to the 2006 Order.

(b)

Kinloch (Kyle of Tongue

27th August to 31st March

27th August to 31st October

11th February to 31st March

That area formerly the salmon fishery district of Kinloch (Kyle of Tongue) described in article 2(1) and the Schedule to the 2006 Order.

(c)

Naver and Borgie

27th August to 31st March

27th August to 30th September

12th January to 31st March

That area formerly the salmon fishery district of Naver and Borgie described in article 2(1) and the Schedule to the 2006 Order.

(d)

Strathy

27th August to 31st March

27th August to 30th September

12th January to 31st March

That area formerly the salmon fishery district of Strathy described in article 2(1) and the Schedule to the 2006 Order.

43. Orkney Islands

10th September to 31st March

10th September to 31st October

25th February to 31st March

Byelaw dated 16th December 1881 made by the Commissioners appointed under the 1862 to 1868 Acts.

44. Shetland Islands

10th September to 31st March

10th September to 31st October

25th February to 31st March

Byelaw dated 16th March 1883 made by the Commissioners appointed under the 1862 to 1868 Acts.

45. Skye

27th August to 31st March

27th August to 15th October

11th Feburary to 31st March

The Skye Salmon Fishery District Designation Order 1991(13), article 2(1) and Schedule.

46. Spey

27th August to 31st March

27th August to 30th September

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

47. Stinchar

10th September to 31st March

10th September to 31st October

25th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

48. Tay

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

(a)

Tay

21st August to 31st March

21st August to 15th October

15th January to 31st March

That part of the River Tay Salmon Fishery District comprising the River Tay and its tributaries and all other areas in the District excluding the River Earn and its tributaries and that part of the District described in article 2 of and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990(14).

(b)

River Earn

21st August to 31st March

21st August to 31st October

1st February to 31st March

That part of the River Tay Salmon Fishery District comprising the River Earn and its tributaries.

(c)

River Eden

21st August to 31st March

21st August to 31st October

5th February to 31st March

That area described in article 2 of, and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990.

49. Ugie

10th September to 31st March

10th September to 31st October

10th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

50. Urr

10th September to 31st March

10th September to [31st October] [29th November]

25th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

That area formerly the district of Loch Roag described in article 4, Schedule 3 to the 2001 Order.

(b)

East Lewis

27th August to 31st March

27th August to 31st October

11th February to 31st March

That area formerly the district of East Lewis described in article 4, Schedule 3 to the 2001 Order.

(c)

Clayburn

10th September to 31st March

10th September to 31st October

25th February to 31st March

That area formerly the district of Clayburn described in article 4, Schedule 3 to the 2001 Order.

(d)

Fincastle

10th September to 31st March

10th September to 31st October

25th February to 31st March

That area formerly the district of Fincastle, described in article 4, Schedule 3 to the 2001 Order.

(e)

Resort

27th August to 31st March

27th August to 31st October

11th February to 31st March

That area formerly the district of Resort described in article 4, Schedule 3 to the 2001 Order.

(f)

Mullanageren

10th September to 31st March

10th September to 31st October

25th February to 31st March

That area formerly the district of Mullangareen article 4, Schedule 3 to the 2001 Order.

(g)

Howmore

10th September to 31st March

10th September to 31st October

25th February to 31st March

That area formerly the district of Howmore described in article 4, Schedule 3 to the 2001 Order.

53. Ythan

10th September to 31st March

10th September to 31st October

11th February to 31st March

Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the annual close time for each salmon fishery district in Scotland (with the exception of the Tweed District) and the period within that annual close time when it is permitted to fish for and take, and fish for, salmon by rod and line. The Regulations also prohibit the retention of any salmon which are caught during the periods specified in column 4 of the Schedule (“catch and release periods”). This prohibition does not apply to the Eachaig Salmon Fishery District and the Annan Salmon Fishery District. The Conservation of Salmon (River Annan Salmon Fishery District) (Scotland) Regulations 2012, S.S.I. 2012/6 apply a catch and release regime for the River Annan Salmon Fishery District.

In terms of section 38(7) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (“the 2003 Act”) it is an offence to act in contravention of the prohibition in regulation 2(3) (prohibition against retaining salmon during specified periods). Anyone guilty of the offence is liable on summary conviction to a fine of up to level 4 on the standard scale.

Section 37 of the 2003 Act prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. It is an offence under section 14 of the 2003 Act to fish for, or take, salmon during the annual close time. An exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.

A Business Regulatory Impact Assessment in relation to these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies of it can be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

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